High Court Kerala High Court

P.K.Satheesan vs State Of Kerala on 20 March, 2009

Kerala High Court
P.K.Satheesan vs State Of Kerala on 20 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 651 of 2001()



1. P.K.SATHEESAN
                      ...  Petitioner

                        Vs

1. STATE OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.T.RAJESH

                For Respondent  :SRI.T.KURIAKOSE PETER

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :20/03/2009

 O R D E R
               S.S.SATHEESACHANDRAN, J.
                  ---------------------------
                   Crl.R.P.No.651 of 2001
                 -----------------------------
           Dated this the 20th day of March, 2009

                          O R D E R

This revision is filed by the accused against the

concurrent verdict of guilty for the offence punishable under

Section 138 of the Negotiable Instruments Act, for short the

NI Act. The trial court on his conviction sentenced him to

undergo simple imprisonment for four months and a fine of

Rs.10,000/- with a direction to pay fine, if realised, as

compensation to the complainant under Section 357 of the

Code of Criminal Procedure. Sessions Judge in appeal

upholding the conviction modified the sentence directing

him to suffer imprisonment till rising of the court and to pay

compensation of an amount of Rs.14,000/-, with default

term of simple imprisonment for two months. Out of the

compensation so imposed, Rs.12,000/- was directed to be

paid to the complainant. Questioning the legality, propriety

and correctness of the conviction, concurrently held by both

Crl.R.P.No.651 of 2001

2

the courts below and sentence as indicated, this revision is

filed.

2. I heard the learned counsel on both sides.

3. Perusing the records of the case, I find that the

complainant had complied with all statutory formalities for

launching the prosecution against the accused for offence

punishable under Section 138 of the NI Act. Though the

accused denied the offence imputed, no defence was

canvassed to sustain his plea of not guilty. The complainant

examined himself as PW1 and exhibited Exts.P1 to P6 as

documentary evidence to prove his case. The learned

magistrate who had recorded evidence of the complainant

found his testimony convincing and creditworthy. After

appreciating the materials tendered in the case, the learned

Magistrate concluded that the accused is guilty of the

offence imputed. The finding entered by the learned

Magistrate on those aspects stand approved by the Sessions

Judge in the appeal. I do not find any circumstance

whatsoever to interfere with the finding so arrived by the

Crl.R.P.No.651 of 2001

3

two courts below. Having regard to the limited scope of

revisional jurisdiction wherein re-appreciation of the

evidence is permissible only if it is shown that the finding

entered is perverse on the materials produced, it is needless

to say there is no scope for interference in the present

revision, with respect to the finding found by the inferior

courts leading to the conviction of the accused for the

offence with which he was convicted. Prosecution was

initiated in 1998 that too in respect of a cheque on its

dishonour for a sum of Rs.10,000/-. Till date, it is reported

that no sum under the cheque had been paid by the accused

despite suffering conviction concurrently before the two

courts. The accused is directed to pay compensation of

Rs.14,000/- with default term of imprisonment for two

months, and the entire sum, if realised, shall be paid to the

complainant. Sentence imposed by the learned Sessions

Judge till rising of the court is not altered. The accused is

directed to pay compensation within two months from the

date of this order. Accused shall appear and his sureties

Crl.R.P.No.651 of 2001

4

shall produce him before the Judicial First Class magistrate,

Kolenchery on 1.6.2009 and the learned Magistrate shall

execute the sentence as directed.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-